EU-Canada CETA (2017),
39 the EU-Korea FTA (2011),
40 the EU-Moldova FTA
(2014),
41 and the EU-Ukraine FTA (2014)
42 , which are extensive to other services
and e-commerce.
39 EU-CAN CETA, Chapter 28 (Exceptions), Article 28.3 (General exceptions) (2) (c) (ii): “2. For
the purposes of Chapters Nine (Cross-Border Trade in Services), Ten (Temporary Entry and Stay of
Natural Persons for Business Purposes), Twelve (Domestic Regulation), Thirteen (Financial Services), Fourteen (International Maritime Transport Services), Fifteen (Telecommunications), Sixteen (Electronic Commerce), and Sections B (Establishment of investments) and C
(Non-discriminatory treatment) of Chapter Eight (Investment), subject to the requirement that
such measures are not applied in a manner which would constitute a means of arbitrary or
unjustifiable discrimination between the Parties where like conditions prevail, or a disguised
restriction on trade in services, nothing in this Agreement shall be construed to prevent the adoption
or enforcement by a Party of measures necessary: (. . .) (c) to secure compliance with laws or
regulations which are not inconsistent with the provisions of this Agreement including those
relating to: (ii) the protection of the privacy of individuals in relation to the processing and
dissemination of personal data and the protection of confidentiality of individual records and
accounts;”
40 EU-KOR FTA, Article 7.50 (e) (ii): “Subject to the requirement that such measures are not
applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination
between countries where like conditions prevail, or a disguised restriction on establishment or
cross-border supply of services, nothing in this Chapter shall be construed to prevent the adoption or
enforcement by either Party of measures: (. . .) (e) necessary to secure compliance with laws or
regulations which are not inconsistent with the provisions of this Chapter including those relating
to: (. . .)(ii) the protection of the privacy of individuals in relation to the processing and dissemination of personal data and the protection of confidentiality of individual records and accounts.”
41 EU-MOL FTA, Article 261 (2) (e) (ii) “General exceptions. 2. Subject to the requirement that
such measures are not applied in a manner which would constitute a means of arbitrary or
unjustifiable discrimination between countries where like conditions prevail, or a disguised restriction on establishment or cross-border supply of services, nothing in this Chapter shall be construed
to prevent the adoption or enforcement by any Party of measures: (. . .) (e) necessary to secure
compliance with laws or regulations which are not inconsistent with the provisions of this Chapter,
including those relating to: (. . .) (ii) the protection of the privacy of individuals in relation to the
processing and dissemination of personal data and the protection of confidentiality of individual
records and accounts;”
42 EU-Ukraine FTA, Article 141 (2) (e) (ii) “General exceptions. 2. Subject to the requirement that
such measures are not applied in a manner which would constitute a means of arbitrary or
unjustifiable discrimination between countries where like conditions prevail, or a disguised restriction on establishment or cross-border supply of services, nothing in this Chapter shall be construed
to prevent the adoption or enforcement by any Party of measures: (. . .) (e) necessary to secure
compliance with laws or regulations which are not inconsistent with the provisions of this Chapter,
including those relating to: (. . .) (ii) the protection of the privacy of individuals in relation to the
processing and dissemination of personal data and the protection of confidentiality of individual
records and accounts;”
498
J. A. F. Costa
39 the EU-Korea FTA (2011),
40 the EU-Moldova FTA
(2014),
41 and the EU-Ukraine FTA (2014)
42 , which are extensive to other services
and e-commerce.
39 EU-CAN CETA, Chapter 28 (Exceptions), Article 28.3 (General exceptions) (2) (c) (ii): “2. For
the purposes of Chapters Nine (Cross-Border Trade in Services), Ten (Temporary Entry and Stay of
Natural Persons for Business Purposes), Twelve (Domestic Regulation), Thirteen (Financial Services), Fourteen (International Maritime Transport Services), Fifteen (Telecommunications), Sixteen (Electronic Commerce), and Sections B (Establishment of investments) and C
(Non-discriminatory treatment) of Chapter Eight (Investment), subject to the requirement that
such measures are not applied in a manner which would constitute a means of arbitrary or
unjustifiable discrimination between the Parties where like conditions prevail, or a disguised
restriction on trade in services, nothing in this Agreement shall be construed to prevent the adoption
or enforcement by a Party of measures necessary: (. . .) (c) to secure compliance with laws or
regulations which are not inconsistent with the provisions of this Agreement including those
relating to: (ii) the protection of the privacy of individuals in relation to the processing and
dissemination of personal data and the protection of confidentiality of individual records and
accounts;”
40 EU-KOR FTA, Article 7.50 (e) (ii): “Subject to the requirement that such measures are not
applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination
between countries where like conditions prevail, or a disguised restriction on establishment or
cross-border supply of services, nothing in this Chapter shall be construed to prevent the adoption or
enforcement by either Party of measures: (. . .) (e) necessary to secure compliance with laws or
regulations which are not inconsistent with the provisions of this Chapter including those relating
to: (. . .)(ii) the protection of the privacy of individuals in relation to the processing and dissemination of personal data and the protection of confidentiality of individual records and accounts.”
41 EU-MOL FTA, Article 261 (2) (e) (ii) “General exceptions. 2. Subject to the requirement that
such measures are not applied in a manner which would constitute a means of arbitrary or
unjustifiable discrimination between countries where like conditions prevail, or a disguised restriction on establishment or cross-border supply of services, nothing in this Chapter shall be construed
to prevent the adoption or enforcement by any Party of measures: (. . .) (e) necessary to secure
compliance with laws or regulations which are not inconsistent with the provisions of this Chapter,
including those relating to: (. . .) (ii) the protection of the privacy of individuals in relation to the
processing and dissemination of personal data and the protection of confidentiality of individual
records and accounts;”
42 EU-Ukraine FTA, Article 141 (2) (e) (ii) “General exceptions. 2. Subject to the requirement that
such measures are not applied in a manner which would constitute a means of arbitrary or
unjustifiable discrimination between countries where like conditions prevail, or a disguised restriction on establishment or cross-border supply of services, nothing in this Chapter shall be construed
to prevent the adoption or enforcement by any Party of measures: (. . .) (e) necessary to secure
compliance with laws or regulations which are not inconsistent with the provisions of this Chapter,
including those relating to: (. . .) (ii) the protection of the privacy of individuals in relation to the
processing and dissemination of personal data and the protection of confidentiality of individual
records and accounts;”
498
J. A. F. Costa